Stupid Question Regarding Form 21-525

[81150 CAFB]

Sorry for the length of this post. Stupid questin that I should know after spending countless hours on Hadit...I might have even asked it before but can't find it. I finally have most (99%) of my civilian medical records and have all of my service medical records along with 4 nexus letters. I am filing out form 21-526 using the PDF version on my computer where you can enter and save the data. I am filing out the section of the form ( section III) where it asks you to explain how you think your disabilities listed in question above are related to your service. The space is very small and I used the section X part of the form to continue my response regarding all of my issues. I soon ran out of space in this section also. I started to continue my response (all new pages listed as continuation of previous section etc...) on form 4138-support of claim since it is also easy to use as a PDF and has all of the correct wording as everthing is true to best of my ability or something like that.

My first question is can I use this form for my initial claim? I know 526 has the help section and tells you to attach additional comments on a sheet of paper, but 4138 seems nicely set up. I see during a search that it us mainly used in communications with the VA after the initial claim is filed. I am currently doing everything on my own but will turn in my completed forms to the Texas Vetrans Commission (TVC). I will also call them for advice on how to file my claim (if they call back) but I trust the folks here a lot better.

My second question is regarding what to put in this section. Should I keep it short and just mention that I had discectomy in 1989 in Air Force and now have had two surguries at this same site in 2009 (with dates) and reference them to my smr's, private medical records and nexus letters? Then follow with the next issue in the same fashion. I am then planning to use 4138 to give a descrption of each issue (one 4138 per issue) and how it is related to my service or how it is related secondary to my primary condition. I will use this part for pretty much writing/listing everything possible I can about the disability. Or should I just write really long statements about each issue as part of my response to section III? I would then place the 4138 in front of the records I have for that issue or do you think it would be better to put after the completed 526 and the have the records follow? I am also planning on using the 4138 for statments from my wife on how the disabilities have effected me and maybe one from my boss who has seen me in severe pain at work and how much time I've missed.

All responses are welcome... I am seeking your advice on what to put in the section and If using 4138 is a good idea but be nice: ). I want to make this as easy as I can on the VA and I know some on here have worked with them on claims for a long time. I want to have them look at the most relevant part and easily see that it is a no brainer and be happy to get my claim as it would be quick and easy for them to meet their quota : ).

Jbasser- I remember asking you about the 4138 when the VA sent my 526 and also form 4138 with no mention of the forms use. You told me the 4138 is like picking up all of the spares... is this what you were referring to? Using the form to list out my issues?

Fanatic- I have seen your site and will do some of the formating the same.

Also - a lot of people say to put you name, social security number and page numbers on each page. Thus sounds great but dies anyone know how to do this quickly and easily? I have a lot of records and manually doing this seems very painful to me? Any one have any tricks?

Thanks to all!!! I need this advice to finish my filing...honestly I have been procrastinating and feeling exhausted by all of the pain, oxycodone, depression and sometimes feeling what is the point (getting denied, lowballed, all of the misdeeds of the VA etc...) . I just need to do it!! At least I filed informally in September 2009.

81150

Edited June 8, 2010 by 81150 CAFB

[Commander Bob]

Comm Bob,

He posted he's working on Part III - all subject of Part III is Active Duty Service Info.

carlie

I missed that part. too much speed reading, these days..Thanks carlie.

[81150 CAFB]

Yes they had stop loss after the Gulf War -it is possible ( got us out all at once when over and don't even recall having a exit physical-all I can find in my records is where I requested one but based on my records they didn't think I needed one-even after discectomy-I think related to stop loss...trying to get us all out at the same time).

I am working on section III of Part B not Part A as you stated. Why would I need more space for listing my active duty data? Section III In Part B relates to how your disability you are claiming is related to your service. The size for your response is quite small even considering using section X in part A to add additional information. I thought you needed to add as much as you can to help you claim to include prescriptions you are taking, side effects, how your disabilty has affected you ect.. I guess I will use sheets of paper done on word as my attachments.

You've been a veteran for almost 20 years now and are filing an original 21-526 for service connection.-yes (is this ok? What is wrong with this when my back has gone to crap and is likely related to my initial surgery. Can't I file and use lay testimony and my nexus letters as continuity?, also what defines chronic while in the military?) I had back surgery in the Air Force at L4-5 and have had two surguries at this level in last year with the last one being a fusion. Like I said I should have filled when I got out but was a dumb kid with no guidance and am doing what I can now. Both recent surguries failed and it would seem obvious that the degradation (no trauma) is related to my initial surgery which weakend my disc (neurosurgeon and family doc opined to basically this). Hopefully they will grant connection and compensation.

I did give the VA disabilities when I applied informally just not sure if all

of them are listed...Hopefully they stick with this start date.

[81150 CAFB]

Comm Bob,

He posted he's working on Part III - all subject of Part III is Active Duty Service Info.

carlie

Please see post below- I am working on Part B Section III not part A.

[Pete53]

God Help Us If We Fill Out the Wrong Form

[Commander Bob]

Please see post below- I am working on Part B Section III not part A.

roger that... part B, section III, #11

[carlie]

You've been a veteran for almost 20 years now and are filing an original 21-526 for service connection.-yes (is this ok? What is wrong with this when my back has gone to crap and is likely related to my initial surgery. Can't I file and use lay testimony and my nexus letters as continuity?, also what defines chronic while in the military?) I had back surgery in the Air Force at L4-5 and have had two surguries at this level in last year with the last one being a fusion. Like I said I should have filled when I got out but was a dumb kid with no guidance and am doing what I can now. Both recent surguries failed and it would seem obvious that the degradation (no trauma) is related to my initial surgery which weakend my disc (neurosurgeon and family doc opined to basically this). Hopefully they will grant connection and compensation.

I did give the VA disabilities when I applied informally just not sure if all

of them are listed...Hopefully they stick with this start date.

81150,

There is absolutely nothing wrong with filing a claim for VA disability benefits 20 years after separation.

The only reason I mentioned it is that in my opinion I wouldn't put alot of energy into wondering if my effective date

is going to be 2009 - when you phoned the VA 800 number for an "informal" claim date versus the actual date of

a claim being filed.

Since you've been out about 20 years, why be so concerned about the 10 months or less since you called VA and made this "informal" clim.

People put way too much into the entire issue of "informal claims" and effective dates.

The thing is you need to file the danged claim in writing or on line - File the clim.

In my opinion when you file your claim (21-526) is not the time to submit drawn out lay testimony regarding your current pain,

your current medications,bring in requests for secondary conditions - when you don't even have the primary disability SC yet.

It's just my opinion but from what you've posted and PM'd I just see your claim being mucked up from the get go

because you are more likely than not putting too much stuff in it that at this point, does nothing but muddies everything up.

I feel sure you are just trying to help the claims go smooth by trying to CYA on everything, but it just doesn't work like that

and I am letting you know that I can see your claim going from filing this 21-526 - right into the hamster wheel.

jmho,

carlie